PRODUCT AND PRODUCT GROUP DISCHARGES SUBJECT TO EFFLUENT LIMITATIONS AND STANDARDS for the ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC FIBERS POINT SOURCE CATEGORY - 40 CFR 414 April 2005 Office of Water U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460 Table of Contents Section Page Introduction. 1 1 Summary of the 40 CFR 414 . .2 1.1 Regulated Parameters. 3 1.2 Requirements for Direct and Indirect Dischargers. 3 2. Identifying and Classifying Products Whose Production May be Subject to the OCPSF Regulation. 5 2.1 The SIC Manual and Codes . 5 2.2 Industrial Categories Applicable to Chemicals and Allied Products. .6 2.3 Part 414 Applicability to Production of Chemicals and Chemical Products. .6 2.4 Applicability of Wastewater from On-Site Auxiliary Operations. .8 2.5 General Discussion of OCPSF-Related Products Whose Manufacture May Not Be Regulated by Part 414 . .8 2.5.1 Products Classified and Previously Reported under Specific SIC Codes That Are Not Subject to Part 414 . .8 2.5.2 Products Listed in Part 414 That Are Regulated by Another Industrial Category Are Not Subject to Part 414 in Certain Circumstances . .10 2.5.2.1 Organic Chemicals Regulated by the Iron and Steel Category (40 CFR 420) . 10 2.5.2.2 Organic Chemicals Regulated by the Pesticides Chemicals Category (40 CFR 455). 11 2.5.2.3 Organic Chemicals Regulated by the Pharmaceutical Category. 11 2.5.2.4 Products Regulated by the Plastics Molding & Forming Category (40 CFR 463). 12 2.5.2.5 Organic Chemicals Regulated by the Soap and Detergent Category (40 CFR 417). 12 2.5.3 Organic Chemical Manufacturing Processes Not Subject to Part 414. 13 2.6 Synthetic Fibers. .13 3. Identifying and Classifying Products Subject to Part 414 at a Plant. 15 4. An example to Demonstrate the Use of Tables 2-5 to 2-8 and the Appendix . 17 OCPSF products classified under: SYNTHETIC FIBERS (Subparts B, C). 18 PLASTICS (Subparts D, E). 20 ORGANIC CHEMICALS (Subparts F, G). 29 APPENDIX - Combined List of Organic Chemical Products Applicable to Subparts F, G, and H Index of Tables Table Description Page 1-1 Summary of 40 CFR part 414 . .4 2-1 Industrial Categories that May Apply to the Production of Certain Chemicals and Allied Products. 6 2-2 Applicability of Subparts of 40 CFR 414 to Manufacture of Products and Product Groups . 7 2-3 SIC Codes and Product Groups Specified as Not Subject to Part 424 . .9 2-4 Synthetic Fiber Definitions . .13 2-5 Combined List of Synthetic Fibers . .18 2-6 Combined List of Plastics . 21 2-7 Commodity Organic Chemicals - Subpart F . 29 2-8 Bulk Organic Chemicals - Subpart G . 30 DISCLAIMER The discussion in this document is intended solely as guidance. The statutory provisions and regulations of the U.S. Environmental Protection Agency (EPA) described in this document contain legally binding requirements. This document is not a regulation itself, nor does it change or substitute for those provisions and regulations. Thus, it does not impose legally binding requirements on EPA, States or the regulated community. This guidance does not confer legal rights or impose legal obligations upon any member of the public. While EPA has made every effort to ensure the accuracy of the discussion in this guidance, the obligations of the regulated community are determined by statutes, regulations or other legally binding requirements. In the event of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling. The general descriptions provided here may not apply to particular situations based upon the circumstances. Interested parties are free to raise questions and objections about the substance of this guidance and the appropriateness of the application of this guidance to a particular situation. EPA and other decision-makers retain the discretion to adopt approaches on a case-by-case basis that differ from those described in this guidance where appropriate. Mention of trade names or commercial products does not constitute an endorsement or recommendation for their use. This document may be revised periodically without public notice. EPA welcomes public input on this document at any time. Introduction Rules of the U.S. Environmental Protection Agency regulate discharges from the production of organic chemicals, plastics and synthetic fibers. Under the Clean Water Act, EPA has promulgated effluent limitations and pretreatment standards controlling these discharges. These regulations are codified in the Code of Federal Register at 40 CFR Subchapter N. EPA has established limitations and standards in a number of different industry classes and categories that address production of organic chemicals. These include the Soap and Detergent Manufacturing Point Source Category (40 CFR Part 417), Petroleum Refining Point Source Category (40 CFR Part 419), the Iron and Steel Point Source Category (40 CFR Part 420), the Pharmaceutical Manufacturing Point Source Category (40 CFR Part 439), the Pesticide Chemicals Point Source Category (40 CFR Part 455) and the Plastics Moulding and Forming Point Source Category (40 CFR Part 463). EPA has also promulgated regulations specific to the production of organic chemicals, plastics and synthetic fibers. These regulations for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category are codified at 40 CFR Part 414. The Part 414 regulations apply to discharges from the manufacture of certain organic chemical products by manufacturers who report data to the U.S. Department of Commerce for their facilities under the specific Federal classification codes that are identified in the Part 414 regulations. This document will aid the reader in determining whether the regulations in Part 414 apply to its discharges. It first explains how a facility determines whether Part 414 or one of the other subchapter N regulations noted above applies to its operation. Next, it provides an extensive list of products that may be subject to the Part 414 requirements. 1 1. Summary of 40 CFR 414 This regulation (Title 40 of the Code of Federal Regulations, Part 414) establishes restrictions on wastewater discharges from facilities manufacturing organic chemicals, plastics and synthetic fibers (OCPSF). The Part 414 regulations are one of a number of regulations codified at 40 CFR Subchapter N establishing effluent limitations, pretreatment standards, and new source performance standards for classes and categories of industrial operations. The OCPSF regulation applies to process wastewater discharges resulting from the manufacture of seven products or product groups at facilities included within five specified U.S. Department of Commerce Bureau of the Census Standard Industrial Classification system (SIC) groups.1 The regulation, however, does not apply to discharges from the manufacture of those seven products or product groups if included in six other SIC subgroups. Which process wastewaters are subject to this regulation is explained in 40 CFR 414.11. This guidance provides further explanation of how to determine whether or not a particular wastewater is subject to the OCPSF regulation. In addition, the Appendix to this guidance provides additional help in determining when the regulation applies with respect to the manufacture of organic chemicals. EPA intends this guidance to assist EPA and Regional permitting authorities, publicly owned treatment works (POTWs) and regulated industrial sources in interpreting and implementing the OCPSF regulations. The currently applicable regulations may be found in any edition of the Code of Federal Regulations dated July, 1996 or later. Other documents that may be useful in understanding this regulation are: • Final Development Document for the OCPSF category, Volume II. EPA# 440/1-87/009, October, 1987 (NTIS Accession No. PB88-171335). This document gives a listing of OCPSF products applicable to Subpart H. 1 SIC codes are four digit numerical codes assigned by the U.S. government to business establishments to identify the primary business of the establishment. The classification was developed to facilitate the collection, presentation, and analysis of data; and to promote uniformity and comparability in the presentation of statistical data collected by various agencies of the federal government, state agencies, and private organizations. The classification covers all economic activities: agriculture, forestry, fishing, hunting, and trapping; mining; construction; manufacturing; transportation; communications, electric, gas, and sanitary services; wholesale trade; retail trade; finance, insurance, and real estate; personal, business, professional, repair, recreation, and other services; and public administration. The Office of Management and Budget published several editions of an official U.S. guide to the SIC codes assigned to establishments by the Federal government, the Standard Industrial Classification Manual. Until 1997, manufacturers reported data on their operations annually to the Census Bureau in the U. S. Department of Commerce using SIC codes to identify their classification of industrial activity. Subsequently, in mid-1997, the Office of OMB announced the establishment of a new economic classification system that replaced the 1987 Standard Industrial Classification Manual with a revised classification system — the North American Industrial Classification System (NAIC). NAIC was developed jointly by the U.S., Canada, and Mexico to provide new comparability in statistics about business activity